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Circulars
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Glass Inners for Vacuum Flasks or for other vacuum vessels are entitled to FPS benefits on exports w.e.f 01/04/2008
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FPS benefits entitlement for glass inners exported as a new focus product; entitlement applies from the stated effective export date.
Glass inners for vacuum flasks or other vacuum vessels are added as a New Additional Focus Product in Appendix 37D, Table 11 of the Handbook of Procedures, making them eligible for FPS benefits on exports effective from 1 April 2008; the amendment is made under Paragraph 2.4 of the Foreign Trade Policy.
IEC No.0100000151 allotted to the Directorate of Purchase and Stores - Deleted
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Importer Export Code deletion removes specified entry from Handbook of Procedure under trade policy powers effective by public notice.
The existing entry for Importer Export Code No.0100000151 at Sr. No.14 of paragraph 2.8(v) of the Handbook of Procedure (Vol. I) is deleted by amendment under paragraph 2.4 of the Foreign Trade Policy 2004-2009, effected through a public notice recorded as issued in the public interest.
Issues relating to classification of Large Format Printers - reg
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Connectability to ADP machines determines classification of large format printers as connectable inkjet printers or multifunction printers.
The circular applies the Explanatory Notes test of capability of connecting to an ADP machine or to a network-connection effected simply by attaching a cable-to Large Format Printers. It concludes LFPs are primarily inkjet devices without an internal ADP and dependent on external computers; therefore LFPs that meet the connectability test are classifiable as inkjet printers in the connectable printers subheading, while multifunction LFPs fall under the multifunction printers subheading, and pending import assessments should be finalised accordingly.
Instructions regarding provisional attachment of property under section 73C of the Finance Act, 1994-reg.
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Provisional attachment protects revenue during tax proceedings; Commissioner approval and hearing required with safeguards and threshold requirement.
Provisional attachment under section 73C may be initiated only after a show cause notice; a Central Excise Officer must prepare a prescribed proposal and obtain Commissioner approval or the Commissioner may order attachment if proceedings are before him. The Commissioner must afford a fifteen day opportunity to make submissions, restrict alienation of specified property, notify registration authorities for immovable property, and, if satisfied, approve attachment by written order. Attachments must be proportionate to the demand, inventoryed, effected between sunrise and sunset, subject to a time limit with possible extensions, and exclude personal-use property and items exempt from civil execution.
Master Circular on Export of Goods and Services
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Export regulation under FEMA: consolidated guidance for authorised dealer banks, including operational and compliance requirements.
Export of goods and services from India is authorised under the Foreign Exchange Management Act and related RBI notifications; this Master Circular consolidates existing regulatory instructions and forms, sets out general guidelines for exporters, and prescribes operational procedures for Authorised Dealer Category I banks. The circular is organized into five parts and is issued with a one-year sunset clause to be replaced by an updated master circular.
Master Circular on Import of Goods and Services
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Import of goods and services under foreign exchange law: Master Circular sets import rules, operational guidance and a one-year sunset.
Importation of goods and services is permitted under the foreign exchange regulatory framework and governed by this Master Circular, which prescribes eligibility, procedural mechanics, documentary and notification compliance for imports. The Circular is addressed to Category I Authorised Dealer banks and is organised into five parts: introduction; general guidelines; operational guidelines; an annex of notifications and forms; and a consolidated list of circulars. It contains a one-year sunset clause providing withdrawal and replacement after one year.
Master Circular on External Commercial Borrowings and Trade Credits
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External Commercial Borrowings guidance consolidated under FEMA; master circular centralises rules for banks with a temporary sunset clause.
External Commercial Borrowings and Trade Credits for residents are regulated under FEMA and related notifications; this Master Circular consolidates existing instructions for banks authorised to deal in foreign exchange, lists underlying circulars and notifications in an appendix, and is issued with a sunset clause requiring withdrawal and replacement by an updated Master Circular after one year.
Master Circular on Risk Management and Inter-Bank Dealings
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Risk management and inter-bank dealings consolidated for authorised dealers, covering non-resident rupee accounts and forex derivatives with limited sunset.
Consolidates regulatory instructions on risk management and inter-bank dealings for Authorised Dealers - Category I banks, confirming that rupee accounts of non-resident banks, inter-bank transactions and foreign exchange derivative contracts are governed by the cited FEMA notifications and subsequent amendments, lists underlying circulars in an appendix, and is issued with a sunset clause contemplating replacement by an updated master circular.
Master Circular on Miscellaneous Remittances from India - Facilities for Residents
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Miscellaneous remittances guidance consolidated for resident compliance, with temporary validity and replacement by an updated master circular.
The circular consolidates existing instructions authorising miscellaneous remittances by residents under the foreign exchange framework, collects the underlying circulars and notifications in an appended list, and directs authorised persons to follow the consolidated guidance. It is issued with a sunset clause of one year, to be withdrawn on expiry and replaced by an updated master circular.
Master Circular on Remittance Facilities for Non-Resident Indians / Persons of Indian Origin / Foreign Nationals
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Remittance facilities for non-residents consolidated into a unified circular with limited-duration applicability and instructions for authorised banks.
Consolidation of remittance facilities for Non-Resident Indians, Persons of Indian Origin and foreign nationals under the Foreign Exchange Management Act framework and specified FEMA notifications, providing a single reference for authorised banks and identifying underlying circulars in an appendix. The Master Circular directs Authorised Dealer Category I and other authorised banks to follow the consolidated guidelines and is issued with a sunset clause after which it will be replaced by an updated Master Circular.
Master Circular on Non-Resident Ordinary Rupee (NRO) Account
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Regulation of NRO account deposits under FEMA ensures authorised banks follow consolidated instructions with renewal clause.
Acceptance of deposits into Non-Resident Ordinary Rupee (NRO) Accounts by Authorised Dealer Category I and authorised banks is governed by the Foreign Exchange Management Act and the specified FEMA notification; this Master Circular consolidates prior instructions into a single reference (appendix lists underlying circulars) and includes a one year sunset clause requiring replacement by an updated Master Circular.
Master Circular on Foreign Investment in India
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Foreign investment regulation consolidated: RBI master circular streamlines rules on immovable property, branch offices and firm investments.
This Master Circular consolidates Reserve Bank instructions implementing the Foreign Exchange Management Act, 1999 for foreign investment, covering acquisition of immovable property, establishment of branch/liaison offices, and investment in partnership firms and proprietary concerns, and lists the underlying A.P. (DIR Series) circulars and notifications in an appendix.
Master Circular on Direct Investment by Residents in Joint Venture (JV)/
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Direct investment by residents: consolidated RBI guidance for outbound JV and WOS transactions under FEMA with temporary validity.
The Master Circular consolidates instructions permitting resident direct investments in Joint Ventures and Wholly Owned Subsidiaries abroad under the Foreign Exchange Management Act and related Notifications, directs authorised banks to apply the unified guidance, references an appendix of underlying circulars, and is issued with a sunset clause requiring replacement by an updated Master Circular after one year.
01/2008 - 01-07-2008 Companies Law
Rescission of General Circular No.13 of 2007 dated 27-9-2007 passed under section 141 of the Companies Act, 1956
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Condonation of delay in charge registration: procedure reverted to prior statutory process; delayed filings require formal condonation.
The Ministry rescinded the interim Circular allowing Registrar-level acceptance of delayed registration, modification and satisfaction of charges up to 300 days with additional fee, restoring the prior judicial condonation procedure. From the stated effective date, documents filed after the prescribed statutory periods will not be registered by Registrars unless delay is condoned through the judicial process, and Registrars must strictly comply with this reinstated procedure.
Payment of Drawback in the Exporter’s Core Banking Enabled Bank Account in Any Branch/ Bank Anywhere in the Country
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Drawback payment to core-banking accounts enabled nationwide, with certified IFS code declaration and RTGS/NEFT transfers.
Drawback amounts can be credited to an exporter's core-banking enabled account in any branch nationwide. Exporters must declare the branch IFS Code, core-banking account number, bank name and address in the prescribed certified declaration form, submit it to the designated Customs official and the authorized EDI bank branch, and complete a verification checklist. After sanction, the customs-authorized bank branch will credit the account directly if within the same bank, or transfer funds to other banks via RTGS/NEFT where the receiving branch is RTGS/NEFT enabled.
Mandatory requirement of Permanent Account Number (PAN)
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Mandatory PAN requirement: specified public authorities' transactions exempted subject to documentary verification and intermediary compliance.
SEBI exempts transactions by the Central Government, State Government and court-appointed officials from the mandatory Permanent Account Number requirement, conditional on intermediaries collecting and verifying sufficient documentary evidence to substantiate exemption claims; stock exchanges and depositories must amend rules, notify members, publish the clarification and report implementation in monthly development reports.
Deduction of Tax at Source (TDS) on Service Tax
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TDS on service tax: service tax excluded from income for rent but not excluded for professional fees.
The Board clarifies that the service tax component of rent payments subject to TDS is not regarded as the landlord's income and is excluded from withholding, whereas payments characterized as professional and technical fees fall under a broader withholding provision and the exclusion in Circular No. 4/2008 will not be extended to the service tax component of those payments.
Deduction of Tax at Source (TDS) on Service Tax
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TDS on service tax: service-tax element excluded from rent withholding but remains taxable with professional fees.
The Board directed that the service-tax component of rent payments is excluded from TDS because it is not regarded as income of the landlord, while it declined to extend that exclusion to the service-tax component of professional and technical fees, which remain within the scope of TDS applicable to sums paid as such fees.
Instructions regarding Section 11 DDA of the Central Excise Act, 1944
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Provisional attachment of property to protect revenue during excise proceedings requires prior notice, hearing, and proportional safeguards.
Provisional attachment of property protects revenue during proceedings under Sections 11A or 11D; it may be initiated only after a Show Cause Notice, requires a prescribed proposal to the Commissioner with recorded grounds and source of information, and the Commissioner may serve a notice for submissions and impose a prohibitory condition on alienation. After hearing, the Commissioner may approve attachment and an officer may attach by written order; attachment must be proportionate, inventory recorded, certain property exempt, and private transfers in breach declared void.
Amendments/corrections in SION
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Standard Input Output Norms amendment adds butyl titanate polymer input norms and caps borax/boric acid allowance.
Amendment to the Standard Input Output Norms adds a SION entry for Butyl Titanate Polymer specifying Titanium Tetrachloride and n-Butanol input norms per kilogram of export, and revises the footnote to SION A-3627 to limit Borax/Boric Acid input to not exceed 0.10 kg, effected under Paragraph 2.4 of the Foreign Trade Policy and Paragraph 1.1 of the Handbook of Procedures for incorporation into Handbook of Procedures Vol.2.

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Master Circular on Foreign Investment in India

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Foreign investment regulation consolidated: RBI master circular streamlines rules on immovable property, branch offices and firm investments.
This Master Circular consolidates Reserve Bank instructions implementing the Foreign Exchange Management Act, 1999 for foreign investment, covering ... Summary

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Acts Income Tax